Arbitration & Mediation INTEGRAL ROLE

Some disputes are best resolved outside of the courtroom.  Businesses and individuals facing potentially lengthy, expensive disputes often turn to alternative dispute resolution (ADR) for efficient, confidential, and cost-effective solutions to even their most complex, intractable disputes.

The use of ADR—particularly, arbitration and mediation—is growing as clients look for ways to save time and money.  Richards Layton’s trained mediators and arbitrators have the skills, knowledge, and experience to provide the most effective strategies and devise creative, durable solutions to difficult disputes.

Arbitration
Arbitration is similar to going to court, but more efficient, more cost effective, and less complex than litigation.  It is a formal process that may involve discovery, hearings, and testimony, followed by the arbitrator rendering a final, binding decision.

Mediation
Mediation offers a more flexible alternative to arbitration.  It is an informal process in which the parties work with a mediator who facilitates negotiations and helps them come to a mutually acceptable resolution.  Unlike an arbitrator, a mediator has no power to decide a dispute. 

Breadth and Depth of Experience
We serve as arbitrators, mediators, and neutrals in a wide range of complex disputes involving M&A and corporate matters, contractual issues, intellectual property, commercial transactions, corporate bankruptcy, employment disputes, insurance coverage, trusts and estates, and more.

Court Arbitrations and Mediations
Delaware’s primary litigation venues—the Court of Chancery for matters in equity and the Superior Court for matters of law—are together widely regarded as the best and most effective business court system in the country.  Central to the courts’ effectiveness is the Delaware Uniform Arbitration Act (DUAA), which allows the enforcement of private arbitration agreements and the appointment of arbitrators in the absence of formal arbitration agreements.  Richards Layton litigators have participated in Court of Chancery and Superior Court arbitration and mediation proceedings since the DUAA was enacted nearly 40 years ago.

The Delaware Bankruptcy Court, recognized as a leading court for complex and diverse business restructurings, frequently uses ADR procedures to resolve disputes ranging from complex chapter 11 issues to preference litigation.  Richards Layton bankruptcy attorneys have served successfully and extensively as mediators and as counsel to parties in a wide range of bankruptcy mediations.  This depth of experience in the Delaware Bankruptcy Court allows us to provide our clients with exceptional representation in ADR proceedings.

Delaware Rapid Arbitration Act
Our attorneys played key roles in the development of the Delaware Rapid Arbitration Act (DRAA).  Enacted in 2015, the DRAA provides for broad powers for the arbitrator, ready confirmation, and limited appeal directly to the Delaware Supreme Court.  Intended for sophisticated business parties, the DRAA offers a framework for completing an arbitration in as little as 120 days.

Beyond Delaware
In addition to ADR proceedings in Delaware state and federal courts, our lawyers have appeared in proceedings of the American Arbitration Association and the International Chamber of Commerce.  We are experienced in formal ADR proceedings, and have also conducted negotiation and settlement at every stage of litigation—before, during, and after trial, as well as on appeal.